Resolution-PC 2017-082RESOLUTION NO. PC2017-082
A RESOLUTION OF THE PLANNING COMMISSION OF THE
CITY OF ANAHEIM RECOMMENDING THAT THE CITY COUNCIL
OF THE CITY OF ANAHEIM APPROVE CONDITIONAL USE PERMIT
NO. 2017-05933 AND MAKING CERTAIN FINDINGS
IN CONNECTION THEREWITH
(DEV2016-00042)
(312-400 SOUTH EUCLID STREET AND 1678 WEST BROADWAY)
WHEREAS, the Planning Commission of the City of Anaheim (the "Planning
Commission") did receive a verified petition for Conditional Use Permit No. 2017-05933 to permit
the construction of a 39 -unit attached and detached multiple family residential project (the
"Project") with modified development standards, i.e., a reduction in setback requirements and
distance between buildings of the "RM -3" Multiple -Family Residential, for that certain real
property located at 312-400 South Euclid Street and 1678 West Broadway in the City of Anaheim,
County of Orange, State of California, as generally depicted on the map attached hereto as Exhibit
A and incorporated herein by this reference (the "Property"); and
WHEREAS, Conditional Use Permit No. 2017-05933 is proposed in conjunction with a
request (i) to amend "Figure LU -4: Land Use Plan" of the Land Use Element of the Anaheim
General Plan to redesignate those portions of the Property designated as "General Commercial"
and "Residential Corridor " land uses to "Residential Low -Medium", which amendment to the
General Plan is designated as "General Plan Amendment No. 2016-00509", (ii) to rezone or
reclassify the Property from the "C -G" General Commercial Zone to the "RM -3" Multiple Family
Residential Zone, which reclassification is designated as "Reclassification No. 2016-00293", and
(iii) for approval of a tentative tract map to permit a 1 -lot, 39 unit condominium subdivision of the
Property, which is designated as "Tentative Tract Map No. 18045";; and
WHEREAS, General Plan Amendment No. 2016-00509, Reclassification No. 2016-00293,
Conditional Use Permit No. 2017-05933, and Tentative Tract Map No. 18045 and the Project shall
be referred to herein collectively as the "Proposed Project"; and
WHEREAS, the Property is approximately 2.35 acres in size and is currently located in the
"C -G" General Commercial Zone and is designated on the Land Use Element of the General Plan
for "General Commercial" and "Residential Corridor " land uses; and
WHEREAS, all development within the "RM -3" Multiple -Family Residential Zone that
includes attached and detached dwellings is subject to approval by the Planning Commission of a
conditional use permit pursuant to Subsection .010 of Section 18.06.160 (Residential Planned Unit
Development) of the Anaheim Municipal Code (the "Code"). Pursuant to subsection .030 of
Section 18.06.160 (Residential Planned Unit Development) of the Code, the minimum setback
requirements, as set forth in Section 18.06.090 (Structural Setbacks), and the setbacks between
buildings, as set forth in Subsection .050 of Section 18.06.090 of the Code, may be modified in
order to achieve a good project design, privacy, livability, and compatibility with surrounding uses.
If approved, Conditional Use Permit No. 2017-05933 will permit the reduction in the street and
interior setbacks and setbacks between buildings requirements of the "RM -3" Multiple -Family
Residential Zone for the Property; and
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WHEREAS, pursuant to and in accordance with the provisions of the California
Environmental Quality Act (Public Resources Code Section 21000 et seq.; herein referred to as
"CEQA"), the State of California Guidelines for Implementation of the California Environmental
Quality Act (herein referred to as the "CEQA Guidelines"), and the City's Local CEQA Procedure
Manual, the City is the "lead agency" for the preparation and consideration of environmental
documents for the Proposed Project; and
WHEREAS, in conformance with CEQA, the CEQA Guidelines and the City's Local
CEQA Procedure Manual, a draft Mitigated Negative Declaration ("MND") was prepared to
evaluate the physical environmental impacts of the Proposed Project; and
WHEREAS, in conformance with CEQA, the CEQA Guidelines and the City's Local
CEQA Procedure Manual, a Mitigation Monitoring Plan ("MMP No. 348") has been prepared for
the Proposed Project and includes mitigation measures that are specific to the Proposed Project;
and
WHEREAS, the Planning Commission did hold a public hearing at the Civic Center in the
City of Anaheim on November 13, 2017 at 5:00 p.m., notice of said public hearing having been
duly given as required by law and in accordance with the provisions of Chapter 18.60 of the Code,
to hear and consider evidence and testimony for and against the Proposed Project and to investigate
and make findings and recommendations in connection therewith; and
WHEREAS, by the adoption of a resolution concurrently with, but prior in time to, the
adoption of this Resolution and pursuant to the provisions of CEQA, the CEQA Guidelines, and
the City's Local CEQA Procedure Manual, this Planning Commission found and determined that
the Proposed Project will have a less than significant impact upon the environment with the
implementation of the conditions of approval and the mitigation measures attached to that
concurrent Resolution and contained in MMP No. 348, and approved and adopted the Mitigated
Negative Declaration and MMP No. 348; and
WHEREAS, pursuant to Subsection .030 of Section 18.06.160 (Residential Planned Unit
Development), this Planning Commission, after due consideration, inspection, investigation and
study made by itself and in its behalf, and after due consideration of all evidence and reports
offered at said hearing, including the plans submitted by the applicant, does hereby find and
determine the following facts with respect to Conditional Use Permit No. 2017-05933:
1. The uses within the Project are compatible with the surrounding land uses;
2. New buildings or structures related to the Project are compatible with the
scale, mass, bulk, and orientation of existing buildings in the surrounding area,
provided the existing buildings conform with the provisions of the Zoning Code;
3. Vehicular and pedestrian access are adequate;
4. The Project is consistent with any adopted design guidelines applicable to
the Property;
5. The size and shape of the site proposed for the proposed Project is adequate
to allow the full development of the proposed use in a manner not detrimental to the
particular area;
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6. The traffic generated by the proposed Project will not impose an undue
burden upon the streets and highways designed and improved to carry the traffic in
the area;
7. The impact upon the surrounding area has been mitigated to the maximum
extent practicable;
8. The Project complies with the General Plan, as amended by General Plan
Amendment No. 2016-00509, now pending;
9. The proposed subdivision of the Property, as shown on proposed Tentative
Tract Map No. 18045, including its design and improvements, will, upon approval
thereof, comply with the Subdivision Map Act; and
10. The granting of the conditional use permit under the conditions imposed
will not be detrimental to the health and safety of the citizens of the City of Anaheim;
and
WHEREAS, this Planning Commission determines that the evidence in the record
constitutes substantial evidence to support the actions taken and the findings made in this
Resolution, that the facts stated in this Resolution are supported by substantial evidence in the
record, including testimony received at the public hearing, the staff presentations, the staff report
and all materials in the project files. There is no substantial evidence, nor are there other facts,
that detract from the findings made in this Resolution. This Planning Commission expressly
declares that it considered all evidence presented and reached these findings after due
consideration of all evidence presented to it.
NOW, THEREFORE, BE IT RESOLVED that, based upon the aforesaid findings and
determinations, this Planning Commission does hereby recommend that the City Council of the
City of Anaheim approve and adopt Conditional Use Permit No. 2017-05933, contingent upon and
subject to: (1) the adoption by the City Council of (i) a resolution approving and adopting General
Plan Amendment No. 2016-00509, (2) the adoption by the City Council of an ordinance
authorizing an amendment to the Zoning Map to rezone and reclassify the Property to the "RM -3"
Multiple -Family Residential Zone under Reclassification No. 2016-00293, and (3) the adoption
by this Planning Commission of a resolution approving Tentative Tract Map No. 18045, all of
which entitlements are now pending; (3) the mitigation measures set forth in MMP No. 348, and
(4) the conditions of approval set forth in Exhibit B attached hereto and incorporated herein by
this reference, which are hereby found to be a necessary prerequisite to the proposed use of the
Property in order to preserve the health, safety and general welfare of the citizens of the City of
Anaheim. Extensions for further time to complete conditions of approval may be granted in
accordance with Section 18.60.170 of the Code. Timing for compliance with conditions of
approval may be amended by the Planning Director upon a showing of good cause provided (i)
equivalent timing is established that satisfies the original intent and purpose of the condition(s),
(ii) the modification complies with the Code, and (iii) the applicant has demonstrated significant
progress toward establishment of the use or approved development.
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BE IT FURTHER RESOLVED, that any amendment, modification or revocation of this
permit may be processed in accordance with Chapters 18.60.190 (Amendment to Permit Approval)
and 18.60.200 (City -Initiated Revocation or Modification of Permits) of the Code.
BE IT FURTHER RESOLVED that the Planning Commission does hereby find and
detennine that adoption of this Resolution is expressly predicated upon applicant's compliance
with each and all of the conditions hereinabove set forth. Should any such condition, or any part
thereof, be declared invalid or unenforceable by the final judgment of any court of competent
jurisdiction, then this Resolution, and any approvals herein contained, shall be deemed null and
void.
BE IT FURTHER RESOLVED that approval of this application constitutes approval of
the proposed request only to the extent that it complies with the Code and any other applicable
City, State and Federal regulations. Approval does not include any action or findings as to
compliance or approval of the request regarding any other applicable ordinance, regulation or
requirement.
THE FOREGOING RESOLUTION was adopted at the Planning Commission meeting of
November 13, 2017. Said resolution is subject to the appeal provisions set forth in Chapter 18.60
(Procedures) of the Anaheim Municipal Code pertaining to appeal procedures and may be replaced
by a City Council Resolution in the event of an appeal.
CHAIRPERSON, PLANNING COMMISSION
OF THE CITY OF ANAHEIM
ATTEST:
SECRETARY, PLANNING COMMISSION
OF THE CITY OF ANAHEIM
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STATE OF CALIFORNIA )
COUNTY OF ORANGE ) ss.
CITY OF ANAHEIM )
I, Eleanor Morris, Secretary of the Planning Commission of the City of Anaheim, do hereby
certify that the foregoing resolution was passed and adopted at a meeting of the Planning
Commission of the City of Anaheim held on November 13, 2017, by the following vote of the
members thereof-
AYES:
hereof
AYES: COMMISSIONERS: ARMSTRONG, DALATI, GILLESPIE, LIEBERMAN,
WHITE
NOES: COMMISSIONERS: NONE
ABSENT: COMMISSIONERS: CARBAJAL, KEYS
2017.
IN WITNESS WHEREOF, I have hereunto set my hand this 13th day of November,
SECRETARY, PLANNING COMMISSION
OF THE CITY OF ANAHEIM
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EXHIBIT "A"
DEV NO. 2016-00042
APN: 250-051-02, 03
W BROADVWAY
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0 loo Source: Recorded Tract Maps andfor City GIS.
Please note the accuracy is +f- two to fore feet.
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EXHIBIT "B"
CONDITIONAL USE PERMIT NO. 2017-05933
(DEV2016-00042)
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RESPONSIBLE
NO.
CONDITIONS OF APPROVAL
DEPARTMENT
PRIOR TO ISSUANCE OF A DEMOLITION PERMIT OR GRADING PERMIT
1
Prior to the issuance of a demolition, grading, and/or building permit for
Planning and Building
activities during the avian nesting season (generally February through
Department,
August), the property owner/developer shall submit a survey for active
nests to the City of Anaheim Planning and Building Department conducted
Planning Services
by a qualified biologist a maximum of 1 week prior to the activities to
Division
determine the presence/absence, location, and status of any active nests on
or adjacent to the Project Site. If no active nests are discovered or
identified, no further mitigation is required. In the event that active nests
are discovered on site, a suitable buffer determined by the biologist (e.g.,
30 to 50 feet for passerines) shall be established around any active nest.
No ground -disturbing activities shall occur within this buffer until the
biologist has confirmed that breeding/nesting is completed and the young
have fledged the nest. Limits of construction to avoid a nest shall be
established in the field by the biologist with flagging and stakes or
construction fencing. Construction personnel shall be instructed regarding
the ecological sensitivity of the fenced area. The results of the survey shall
be documented and filed with the City of Anaheim within 5 days after the
survey.
(MM -BIO -1)
2
Prior to the issuance of a demolition, grading, and/or building permit, the
planning and Building
property owner/developer shall include the following instructions to its
Department,
construction contractor on all plans pertaining to subsurface construction
activities for the Proposed Project: "The construction contractor shall
Planning Services
regularly inspect the exposed soil for visual evidence of any contamination
Division
or volatilization of contaminants (odors). If visual or odor contamination
indicators are identified during construction activities, all work shall stop
in the vicinity of the potential contamination, and an investigation shall be
designed and performed by a qualified environmental consultant to verify
the presence and extent of contamination on the Project Site. Results of the
investigation shall be reviewed and approved by the City of Anaheim Fire
and Rescue Department, Hazardous Materials Section, or its representative
prior to resuming construction activities in the vicinity of the
contamination."
The investigation shall include collecting samples for laboratory analysis
and quantification of contaminant levels within the disturbance areas.
Subsurface investigation shall determine appropriate worker protection
and hazardous material and disposal procedures appropriate for the Project
Site. Contaminated soil or groundwater determined to be hazardous shall
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RESPONSIBLE
NO.
CONDITIONS OF APPROVAL
DEPARTMENT
be removed by personnel who have been trained through the Occupational
Safety and Health Administration—recommended 40 -hour safety program
with an approved plan for groundwater extractions, soil excavation,
control of contaminant releases to the air, and off-site transport or on-site
treatment.
(MM-HAZ-1).
PRIOR TO ISSUANCE OFA GRADING PERMIT
3
Prepare and submit a final grading plan showing building footprints, pad
Public Works,
elevations, finished grades, drainage routes, retaining walls, erosion
control, slope easements and other pertinent information in accordance
Development Services
with Anaheim Municipal Code and the California Building Code, latest
edition. All onsite utilities shall be privately owned and maintained by the
Home owner's Association (HOA), the grading plans shall be labeled
accordingly.
4
Prepare and submit a final drainage/hydrology study, including supporting
Public Works,
hydraulic and hydrological data to the City of Anaheim for review and
approval. The study shall confirm or recommend changes to the City's
Development Services
adopted Master Drainage Plan by identifying off-site and on-site storm
water runoff impacts resulting from build -out of permitted General Plan
land uses. In addition, the study shall identify the project's contribution
and shall provide locations and sizes of catchments and system connection
points and all downstream drainage -mitigating measures including but not
limited to offsite storm drains and interim detention facilities.
5
The Owner shall obtain the required coverage under California's General
Public Works,
Permit for Stormwater Discharges associated with Construction Activity
by providing a copy of the Notice of Intent (NOI) submitted to the State
Development Services
Water Resources Control Board and a copy of the subsequent notification
of the issuance of a Waste Discharge Identification (WDID) number.
6
The owner shall prepare a Stormwater Pollution Prevention Plan
Public Works,
(SWPPP). The SWPPP shall be kept at the project site and be available for
Public Works Development Services Division review upon request.
Development Services
7
Submit a Water Quality Management Plan (WQMP) to the City for review
Public Works,
and approval. The WQMP shall be consistent with the requirements of
Section 7 and Exhibit 7.II of the Orange County Drainage Area
Development Services
Management Plan (DAMP) for New Development/ Significant
Redevelopment projects. identify potential sources of pollutants during the
long-term on-going maintenance and use of the proposed project that could
affect the quality of the stormwater runoff from the project site; define
Source Control, Site Design, and Treatment Control (if applicable) best
management practices (BMPs) to control or eliminate the discharge of
pollutants into the surface water runoff; and provide a monitoring program
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RESPONSIBLE
NO.
CONDITIONS OF APPROVAL
DEPARTMENT
to address the long-term implementation of and compliance with the
defined BMPs. Submit three (3) copies and a plan checking deposit to the
Public Works/Development Services for consideration and approval.
8
Submit a Geotechnical Report to the Public Works Development
Public Works,
Services Division for review and approval. The report shall include any
Development Services
proposed infiltration features of the WQMP.
9
All required plans and studies shall be prepared by a Registered
Public Works,
Professional Engineer in State of California.
Development Services
10
That the developer/owner shall submit a set of improvement plans for
Public Utilities
Public Utilities Water Engineering review and approval in determining
Water Engineering
the conditions necessary for providing water service to the project. This
shall include compliance with the following:
1. A minimum 5 -ft clearance shall be provided between water meter
boxes / fire hydrants and structures, footings, driveway approaches,
ECR, BCR, trees, and all other utilities (electric, telcom, gas, etc).
No exceptions.
2. All existing services and water meters currently serving the
properties shall be properly abandoned and/or removed per Water
Engineering standards.
3. The alignment of the proposed onsite 8 -inch water main shall
centered beneath the 8 -ft AC/AB pavement section (between curb
face and concrete edge restraint for pavers). Locations where the
public water main crosses the permeable pavers section, a
continuous stick of pipe shall be installed centered beneath the
pavement section with a minimum of 12 -inches of clearance
between the bottom of the drainage section and the top of water
pipe.
11
Prior to issuance of a grading permit, the property owner/developer shall
Planning and Building
adhere to the following measures as condition for approval of the
Department, Planning
grading permit, as required by the City of Anaheim (City):
Services Division
• The construction contractor shall, to the extent feasible, schedule
construction activities to avoid the simultaneous operation of
construction equipment to minimize noise levels resulting from
operating several pieces of high -noise -level -emitting equipment.
• All construction equipment, fixed or mobile, shall be equipped
with properly operating and maintained mufflers. Enforcement shall be
accomplished by field inspections by City staff (or their representatives)
during construction activities.
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RESPONSIBLEDEPARTMENT
NO.
CONDITIONS OF APPROVAL
• Construction noise reduction methods such as powering down
idling equipment, construction of a temporary noise barrier,
maximization of the distance between construction equipment staging
areas and adjacent residences, and use of electric air compressors and
similar power tools rather than diesel equipment shall be employed
wherever feasible.
• During construction, stationary construction equipment shall be
placed such that emitted noise is directed away from or shielded from
sensitive receptors.
• Construction hours, allowable workdays, and the phone number
of the job superintendent shall be clearly posted at all construction
entrances to allow surrounding property owners to contact the job
superintendent, if necessary. In the event the City receives a complaint,
appropriate corrective actions shall be implemented and a report of the
action provided to the reporting party.
These measures shall be printed on all applicable grading and
construction plans. The property owner/developer's construction
contractor shall acknowledge to the City's Planning and Building
Department in writing their receipt and understanding of these
requirements.
(MM-NOI-2)
PRIOR TO APPROVAL OF PLANS RELATED TO WATER ENGINEERING
12
A minimum of two connections to public water mains and water looping
Public Utilities,
inside the project are required. No dead end mains will be allowed.
Water Engineering
13
The following minimum horizontal clearances shall be maintained
Public Utilities,
between proposed water main and other facilities:
Water Engineering
• 10 -feet minimum separation (outside wall -to -outside wall) from
sanitary sewer mains and laterals
• 5 -feet minimum separation from all other utilities, including
storm drains, gas, and electric
• 6 -feet minimum separation from curb face
• 10 -ft minimum separation from structures, footings and trees
14
No public water main or public water facilities shall be installed in
Public Utilities,
private alleys or paseo areas.
Water Engineering
15
No public water mains or laterals allowed under parking stalls or parking
Public Utilities,
lots.
Water Engineering
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RESPONSIBLEDEPARTMENT
NO.
CONDITIONS OF APPROVAL
16
All fire services 2 -inch and smaller shall be metered with a UL listed
Public Utilities,
meter, Hersey Residential Fire Meter with Translator Register, no
Water Engineering
equals.
PRIOR TO THE ISSUANCE OF BUILDING PERMITS
17
Record Tract Map No. 18045 "FOR CONDOMINIUM PURPOSES
Public Works,
ONLY" pursuant to the Subdivision Map Act and in accordance with
Development Services
City Code. Provide a duplicate photo Mylar of the recorded map to the
City Engineer's office.
18
Provide a certificate, from a Registered Civil Engineer, certifying that
Public Works,
the finished grading has been completed in accordance with the City
approved grading plan.
Development Services
19
A Right -of -Way Construction Permit shall be obtained from the
Public Works,
Development Services Division for all work performed in the public
Development Services
right-of-way.
20
The developer shall construct a 5 -foot sidewalk at ultimate right-of-way
Public Works,
and a 5 -foot landscaped public parkway and trees, curb adjacent, or as
Development Services
approved by the City Engineer. The proposed irrigation line and meter
shall be connected to the private main.
21
The developer shall construct an 8 -foot landscaped public parkway and
Public Works,
trees, curb adjacent or as approved by the City Engineer. The proposed
Development Services
irrigation line and meter shall be connected to the private main.
22
The developer shall construct all improvements along the project's
Public Works,
frontage on Euclid Street and Broadway. The improvements shall
Development Services
include but not limited to Euclid street widening, curb and Gutter,
pavement, driveway, ADA ramps, parkway drains, power pole
relocations, water meters removals, sewer improvements, etc. As
determined and approved by the City Engineer, a cash in lieu fee for the
design and construction cost of the public improvements may substitute
the actual construction of these improvements. The developer's engineer
shall submit to the City for review and approval an engineering cost
estimate for the cost of the required improvements.
23
The developer shall abandon and remove the existing 8 -inch sewer line
Public Works,
under Euclid Street sidewalk and shall construct an 8 -foot sewer line in
Development Services
Euclid Street and connect to the existing Orange county Sanitation
District sewer trunk line.
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RESPONSIBLE
NO.
CONDITIONS OF APPROVAL
DEPARTMENT
24
Applicant shall submit a copy of the approved permit and/or other form
Public Works,
of approval of the sewer connection from Orange County Sanitation
Development Services
District (OCSD) for the proposed sewer connection in Euclid street prior
to the issuance of the right of way permit.
25
This condition was deleted at the public hearing.
26
This condition was deleted at the public hearing.
27
All Landscape plans shall comply with the City of Anaheim adopted
Planning and Building
Landscape Water Efficiency Guidelines. This ordinance is in
Department, Planning
compliance with the State of California Model Water Efficient
Services Division
Landscape Ordinance (AV 1881).
28
Applicant shall submit for final approval a Solid Waste Management
Public Works,
Plan (SWMP) demonstrating City standard turning radius to
Sanitation Operations
accommodate trash truck circulation on project. SWMP will include a
narrative of proposed trash removal services including a sheet
demonstrating service location for a minimum of 2 barrels for each unit,
and an alternate service location for Units 12 and 13.
29
Prior to approval of permits for improvement plans, the property
Public Utilities,
owner/developer shall coordinate with Electrical Engineering to
Electrical Engineering
establish electrical service requirements and submit electric system
plans, electrical panel drawings, site plans, elevation plans, and related
technical drawings and specifications.
30
Prior to connection of electrical service, the legal owner shall provide to
Public Utilities,
the City of Anaheim a Public Utilities easement with dimensions as
Electrical Engineering
shown on the approved utility service plan.
31
Prior to connection of electrical service, the legal owner shall submit
Public Utilities,
payment to the City of Anaheim for service connection fees.
Electrical Engineering
32
All backflow equipment shall be located above ground outside of the
Public Utilities,
street setback area in a manner fully screened from all public streets and
alleys. Any backflow assemblies currently installed in a vault will have
Water Engineering
to be brought up to current standards. Any other large water system
equipment shall be installed to the satisfaction of the Water Engineering
Division outside of the street setback area in a manner fully screened
from all public streets and alleys. Said information shall be specifically
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RESPONSIBLEDEPARTMENT
NO.
CONDITIONS OF APPROVAL
shown on plans and approved by Water Engineering and Cross
Connection Control Inspector.
33
All requests for new water services, backflow equipment, or fire lines,
Public Utilities,
as well as any modifications, relocations, or abandonments of existing
Water Engineering
water services, backflow equipment, and fire lines, shall be coordinated
and permitted through Water Engineering Division of the Anaheim
Public Utilities Department.
34
All existing water services and fire services shall conform to current
Public Utilities,
Water Services Standards Specifications. Any water service and/or fire
Water Engineering
line that does not meet current standards shall be upgraded if continued
use is necessary or abandoned if the existing service is no longer needed.
The owner/developer shall be responsible for the costs to upgrade or to
abandon any water service or fire line.
35
The Owner shall irrevocably offer to dedicate to the City of Anaheim (i)
Public Utilities,
an easement for all large domestic above -ground water meters and fire
Water Engineering
hydrants, including a five (5) -foot wide easement around the fire
hydrant, water meter box, and/or water meter pad. (ii) a twenty (20) foot
wide easement for all water service mains and service laterals all to the
satisfaction of the Water Engineering Division. The easements shall be
granted on the Water Engineering Division of the Public Utilities
Department's standard water easement deed. The easement deeds shall
include language that requires the Owner to be responsible for restoring
any special surface improvements, other than asphalt paving, including
but not limited to colored concrete, bricks, pavers, stamped concrete,
decorative hardscape, walls or landscaping that becomes damaged
during any excavation, repair or replacement of City owned water
facilities. Provisions for the repair, replacement and maintenance of all
surface improvements other than asphalt paving shall be the
responsibility of the Owner and included and recorded in the Master CC
& Rs for the project.
36
That the developer/owner shall submit a water system master plan,
Public Utilities,
including a hydraulic distribution network analysis, for Public Utilities
Water Engineering
Water Engineering review and approval. The master plan shall
demonstrate the adequacy of the proposed on-site water system to meet
the project's water demands and fire protection requirements.
37
That the developer/owner shall submit to the Public Utilities Department
Public Utilities,
Water Engineering Division an estimate of the maximum fire flow rate
Water Engineering
and maximum day and peak hour water demands for the project. This
information will be used to determine the adequacy of the existing water
system to provide the estimated water demands. Any off-site water
system improvements required to serve the project shall be done in
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RESPONSIBLE
NO.
CONDITIONS OF APPROVAL
DEPARTMENT
accordance with Rule No. 15A.6 of the Water Utility Rates, Rules, and
Regulations.
38
Water improvement plans shall be submitted to the Water Engineering
Public Utilities,
Division for approval and a performance bond in the amount approved
Water Engineering
by the City Engineer and form approved by City Attorney shall be
posted with the City of Anaheim.
39
Individual water service and/or fire line connections will be required for
Public Utilities,
each parcel or residential, commercial, industrial unit per Rule 18 of the
Water Engineering
City of Anaheim's Water Rates, Rules and Regulations.
40
Plans shall be submitted showing stop control at all driveway exits. A
Public Works,
stop sign, stop bar and stop legend shall be installed per City Standards
prior to final building and zoning inspection. Subject property shall
Traffic Engineering
thereupon be developed and maintained in conformance with said plans.
41
Residential buildings/units shall be pre -wired for the future installation
Police Department
of an alarm system.
42
ADDRESSING:
Police Department
1. Each individual building should be clearly marked with its
appropriate address. These should be positioned so they are easily
viewed from vehicular and pedestrian pathways throughout the
complex. Main building numbers should be a minimum height of
12" and illuminated during the hours of darkness.
2. Address numbers shall be positioned so as to be readily readable
from the street. Numbers should be illuminated during hours of
darkness.
3. Rooftop address/unit numbers for the police helicopter. Minimum
size 4' in height and 2' in width. The lines of the numbers are to be
a minimum of 6" thick. Numbers should be spaced 12" to 18" apart.
Numbers should be painted or constructed in a contrasting color to
the roofing material. Numbers should face the street to which the
structure is addressed. Numbers are not to be visible from ground
level.
43
DOORS:
Police Department
1. All exterior doors to have adequate security hardware, e.g. deadbolt
locks.
2. The locks shall be so constructed that both the deadbolt and
deadlocking latch can be retracted by a single action of the inside
doorknob/lever/turn piece.
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RESPONSIBLE
NO.
CONDITIONS OF APPROVAL
DEPARTMENT
3. Wide-angle peepholes or other viewing device should be designed
into all dwelling -unit front doors and all solid doors where exterior
visibility is compromised.
44
LIGHTING:
Police Department
1. Monument signs and addresses shall be well lighted during hours
of darkness.
2. Adequate lighting of parking lots and associated carports,
circulation areas, aisles, passageways, recesses, and grounds
contiguous to buildings shall be provided with lighting of sufficient
wattage to provide adequate illumination to make clearly visible the
presence of any person on or about the premises during the hours of
darkness and provide a safe, secure environment for all persons,
property, and vehicles on-site.
45
LANDSCAPING:
Police Department
1. Landscaping shall be of the type and situated in locations to
maximize observation while providing the desired degree of
aesthetics. Security planting materials are encouraged along fence
and property lines and under vulnerable windows. Shrubbery or
ground cover should not generally exceed three feet in height and
tree branches should not descend below six feet from the ground.
2. Trees should not be planted close enough to the structure to allow
easy access to the roof, or should be kept trimmed to make climbing
difficult.
46
FENCING/ACCESS CONTROL:
Police Department
1. Perimeter fencing should be utilized whenever possible to enhance
territorial reinforcement and create defensible space. It should be
an open design, utilizing materials such as wrought iron or tubular
steel to maintain natural surveillance.
2. Decorative pavers should be used at all vehicular access points to
enhance territorial reinforcement.
47
Doorways, alcoves, etc., should not be recessed to the extent that a place
police Department
is created for a person to stand and go unobserved.
48
Minimum recommended lighting level in all parking lots in 0.5 foot-
police Department
candle maintained, measured at the parking surface, with a maximum to
minimum ratio no greater than 15:1.
49
Prior to the approval of building permits, the property owner/developer
planning and Building
shall include a note on the electrical plans for the Proposed Project
"All
Department,
stating, exterior lighting shall be required to be shielded with hoods,
filtering louvers, glare reducers, or other means to maintain adequate
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lighting throughout the area without undue nighttime glare impacts on
Planning Services
adjoining residential areas." All lighting installed on the Project Site
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shall comply with this requirement. (MM -AES -1)
50
Prior to issuance of a building permit, the property owner/developer
planning and Building
shall submit a final acoustical report prepared to the satisfaction of the
Department,
City of Anaheim Planning and Building Department, Planning Services
Division. The report shall demonstrate that the proposed residential
Planning Services
design will result in compliance with the 45 A -weighted decibel
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community noise equivalent level (dBA CNEL) interior noise levels as
required by the California Building Code and California Noise
Insulation Standards (Title 24 and 25 of the California Code of
Regulations). (MM-NOI-1).
51
The applicant shall submit draft Covenants Conditions and Restrictions
planning and Building
(CC&Rs) that are prepared by an authorized professional for review and
Department,
approval by the Director of Planning, Public Works, and City Attorney,
which will generally provide for the following:
Planning Services
a. A requirement that residents shall use designated parking area,
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including garages, only for the parking of vehicles.
b. A provision that parking garages are subject to inspection by the
Association or City of Anaheim staff.
c. A provision requiring that proposed amendments to the CC&Rs
shall be submitted for review to the Public Works Director or
designee, and shall be approved by the City Attorney prior to the
amendment being valid.
d. A provision that the City is a third -party beneficiary to the
CC&Rs and has the right, but not the obligation, to enforce any
of the provisions of the CC&Rs.
PRIOR TO THE FINAL BUILDING AND ZONING INSPECTIONS
52
All public improvements shall be constructed by the developer,
Public Works,
inspected and approved by Construction Services prior to the final
Development Services
building and zoning inspection.
53
All remaining fees/deposits required by Public Works department must
Public Works,
be paid in full.
Development Services
54
Set all Monuments in accordance with the final map and submit all
Public Works,
centerline ties to Public Works Department. Any monuments damaged
Development Services
as a result of construction shall be reset to the satisfaction of the City
Engineer.
55
All required WQMP improvements shall be operational and verified by
Public Works,
the Construction Services Division Inspector.
Development Services
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56
All parking stalls shall be double striped per City of Anaheim
Public Works,
Engineering Standard 470.
Traffic Engineering
57
That curbs adjacent to the drive aisles shall be painted red to prohibit
Public Works,
parallel parking in the drive aisles. Red curb locations shall be clearly
Traffic Engineering
labeled on building plans.
58
Vehicle gates shall not be installed across the project driveways or
Public Works,
access roads without providing a vehicle turnaround area to the
Traffic Engineering
satisfaction of the City Engineer.
59
The property owner/developer shall execute and record with the Orange
Public Works,
County Recorder an unsubordinated declaration of Covenants
Traffic Engineering
Conditions and Restrictions (CC&Rs) to run with the land, satisfactory
to the City Engineer, Planning Director, and City Attorney, which
restricts the installation of vehicle gates across the project driveways or
access roads as the site design does not allow any such gates to conform
to City of Anaheim Engineering Standard Detail 475 pertaining to gate
set back distance, turnaround area, guest phone, separate lane for guest
access, and minimum width for ingress/egress as required by the Fire
Department. Should gates be desired in the future, an amendment to the
CC&R's approved by the City Engineer, Planning Director and the City
Attorney's office and recorded. Gates, if any, shall comply with the
current version of City of Anaheim Engineering Standard Detail 475 and
are subject to approval by the City Engineer.
ON-GOING DURING PROJECT GRADING, CONSTRUCTION AND OPERATIONS
60
Any Graffiti painted or marked upon the premises or on any adjacent
Police Department
area under the control of the licensee shall be removed or painted over
within 24 hours of being applied.
61
The Owner shall be responsible for restoring any special surface
Public Utilities,
improvements, other than asphalt paving, within any right-of-way,
Water Engineering
public utility easement or City easement area including but not limited
to colored concrete, bricks, pavers, stamped concrete, walls, decorative
hardscape or landscaping that becomes damaged during any excavation,
repair or replacement of City owned water facilities. Provisions for
maintenance of all said special surface improvements shall be included
in the recorded Master CC&R's for the project and the City easement
deeds.
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62
During subsurface ground -disturbing construction activities, the
Planning and Building
property owner/developer shall retain a qualified Native American tribal
Department,
representative of the Gabrieleno Band of Mission Indians — Kizh Nation
Planning Services
(Gabrieleno). If tribal cultural resources are encountered during ground-
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disturbing activities, work in the immediate area must halt. Depending
on the nature of the find, if the discovery proves to be potentially
significant under CEQA, as determined by the tribal representative,
additional measures such as data recovery excavation, avoidance of the
area of the find, documentation, testing, data recovery, reburial, archival
review and/or transfer to the appropriate museum or educational
institution, or other appropriate actions may be warranted. The tribal
representative shall complete a brief letter report of excavations and
findings, and submit the report to the City of Anaheim (City). After the
find is appropriately mitigated, work in the area may resume.
At the discretion of the tribal representative, monitoring activities may
be allowed to cease if sufficient evidence is produced that soils
underlying the Project Site are not native, undisturbed soils. In this
event, the tribal representative shall document all pertinent evidence that
justifies the ceasing of monitoring activities and provide it within a brief
letter report for the City's review. Should the City concur with these
findings, monitoring shall be permitted to cease within all areas on the
Project Site shown to contain only disturbed, non-native fill soils.
(MM -CUL -1)
GENERAL
63
The subject Property shall be developed substantially in accordance with
Planning and Building
plans and specifications submitted to the City of Anaheim by the
Department,
applicant and which plans are on file with the Planning Department, and
Planning Services
as conditioned herein.
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64
Conditions of approval related to each of the timing milestones above
Planning and Building
shall be prominently displayed on plans submitted for permits. For
Department,
example, conditions of approval that are required to be complied with
Planning Services
prior to the issuance of building permits shall be provided on plans
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submitted for building plan check. This requirement applies to grading
permits, final maps, street improvement plans, water and electrical plans,
landscape irrigation plans, security plans, parks and trail plans, and fire
and life safety plans, etc.
65
The applicant is responsible for paying all charges related to the
Planning and Building
processing of this discretionary case application within 30 days of the
Department,
issuance of the final invoice or prior to the issuance of building permits
Planning Services
for this project, whichever occurs first. Failure to pay all charges shall
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result in delays in the issuance of required permits or may result in the
revocation of the approval of this application.
66
The Applicant shall defend, indemnify, and hold harmless the City and
Planning and Building
its officials, officers, employees and agents (collectively referred to
Department,
individually and collectively as "Indemnitees") from any and all claims,
Planning Services
actions or proceedings brought against Indemnitees to attack, review,
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set aside, void, or annul the decision of the Indemnitees concerning this
permit or any of the proceedings, acts or determinations taken, done, or
made prior to the decision, or to determine the reasonableness, legality
or validity of any condition attached thereto. The Applicant's
indemnification is intended to include, but not be limited to, damages,
fees and/or costs awarded against or incurred by Indemnitees and costs
of suit, claim or litigation, including without limitation attorneys' fees
and other costs, liabilities and expenses incurred by Indemnitees in
connection with such proceeding.
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